Current Status Bill Number:4045 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Rogers All Sponsors:Rogers Drafted Document Number:pt\1921dw.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Ethics Commission, jurisdiction over legislature
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES WITHIN JURISDICTION OF THE COMMISSION; AND TO AMEND ARTICLE 5, CHAPTER 13, TITLE 8, RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES, SO AS TO DELETE REFERENCES TO THE HOUSE ETHICS COMMITTEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of item (9) of Section 8-13-320 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(9) to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members of or candidates for the General Assembly Senate unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section."
SECTION 2. Article 5, Chapter 13, Title 8 of the 1976 Code is amended to read:
Section 8-13-510. There is created a House of Representatives Legislative Ethics Committee and a Senate Legislative Ethics Committee. Each The ethics committee is composed of six members. Terms are coterminous with the term for which members are elected to the House or Senate. Vacancies must be filled for the unexpired term in the manner of the original selection. The members of each the ethics committee must be elected by the House or the Senate, as appropriate. One member of each the ethics committee must be elected as chairman by a majority of the members of the ethics committee.
Section 8-13-520. Each The ethics committee shall meet and recommend any changes in the law or rules relating to ethics considered proper to their respective houses the Senate. Changes recommended must be consistent with the Constitution of the State of South Carolina, the provisions of this chapter, and any other applicable law.
Section 8-13-530. Each The ethics committee shall:
(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house Senate, the alleged breach of a rule governing a member of or candidate for the appropriate house Senate, misconduct of a member of or candidate for the appropriate house Senate, or a violation of this chapter or Chapter 17 of Title 2;
(2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house Senate, the alleged breach of a rule governing a member of or candidate for the appropriate house Senate, misconduct of a member of or candidate for the appropriate house Senate, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house Senate in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;
(3) obtain information and investigate complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17 of Title 2 and to that end may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers;
(4) administer or recommend sanctions appropriate to a particular member of or candidate for the appropriate house Senate pursuant to Section 8-13-540 or dismiss the charges; and
(5) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house Senate on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house Senate.
Section 8-13-540. Unless otherwise provided for by House or Senate rule, as appropriate, each the ethics committee must conduct its investigation of a complaint filed pursuant to this chapter or Chapter 17 of Title 2 in accordance with this section.
(1) When a complaint is filed with or by the ethics committee, a copy must promptly be sent to the person alleged to have committed the violation. If the ethics committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the ethics committee finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to appropriate law enforcement authorities. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars. In lieu of the criminal penalty provided by this subsection, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. If the ethics committee determines the complaint alleges facts sufficient to constitute a violation, it shall promptly investigate the alleged violation and may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers.
If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal hearing on the matter within thirty days of the respondent's failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation are confidential. No complaint shall be accepted which is filed later than four years after the alleged violation occurred.
(2) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings must be conducted in executive session.
(3) After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall:
(a) administer a public or private reprimand;
(b) determine that a technical violation as provided for in Section 8-13-1170 has occurred;
(c) recommend expulsion of the member; and/or,
(d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.
(4) An individual has ten days from the date of the notification of the ethics committee's action to appeal the action to the full legislative body.
(5) No ethics committee member may participate in any matter in which he is involved.
(6) The ethics committee shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.
Section 8-13-550. (A) Upon receipt of a recommendation of expulsion or an appeal from an order of the ethics committee made pursuant to the provisions of Section 8-13-540, the presiding officer of the House or Senate shall call the House or Senate into open session at a time to be determined at his discretion or in executive session if the House or Senate chooses, as a committee of the whole, to consider the action of the ethics committee. The House or Senate shall sustain or overrule the ethics committee's action or order other action consistent with this chapter or Chapter 17 of Title 2.
(B) Upon consideration of an ethics committee report by the House or the Senate, whether in executive or open session, the results of the consideration, except in the case of the issuance of a private reprimand, are a matter of public record.
Section 8-13-560. Unless otherwise currently or hereafter provided for by House or Senate rule, as is appropriate:
(1) A member of the General Assembly Senate who is indicted in a state court or a federal court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws must be suspended immediately without pay by the presiding officer of the House or Senate, as appropriate. The suspension remains in effect until the public official is acquitted, convicted, pleads guilty, or pleads nolo contendere. In the case of a conviction, the office must be declared vacant. In the event of an acquittal or dismissal of charges against the public official, he is entitled to reinstatement and back pay.
(2) If the public official is involved in an election between the time of the suspension and final conclusion of the indictment, the presiding officer of the House or Senate, or the Governor, as appropriate, shall again suspend him at the beginning of his next term. The suspended public official may not participate in the business of his public office."
SECTION 3. This act takes effect upon approval by the Governor.